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The 83(b) election is a simple form submitted to the IRS to let them know you have elected to pick up the income of the equity received at the time of purchase, rather than when it vests. You have 30 days from the date of exercise to complete and submit an 83(b) election.
83b Election Risks If you leave the company or give up your right to the shares before vesting, you pay tax on shares that are never owned. For example, if you elect 83b, pay the tax, and leave the company before the restricted stock vests, you'll be out the money you paid in tax.
Mail to the IRS Service Center where you file your tax return ? the address for your IRS Service Center can be found here. Preferably send the letter by certified mail and request a return receipt. Mail a copy of the completed letter to your employer.
You expect the value of the stock to increase to $5 after one year, to $10 after two years, to $15 after three years, and to $20 in four years when the company goes public. If you make the 83(b) election, you would include $10,000 (10,000 shares x $1/ share) in your current year's income.
To make an 83(b) election, you must complete the following steps within 30 days of your grant date: ? Complete the IRS 83(b) form on page 2. Mail the completed form to the IRS within 30 days of your grant date. Address it to the IRS Service Center where you file your taxes.
You don't need to do anything special. The fair market value of your award should already be included in W-2, box 1 or 1099-NEC. Additionally, the IRS no longer requires that you include your 83(b) election form with your taxes when filing.
Example of an 83(b) Election If the total value of the company's equity increases to $100,000, then the co-founder's 10% value increases to $10,000 from $1,000. The co-founder's tax liability for year 1 will be deduced from ($10,000 - $1,000) x 20% i.e. in effect, ($100,000 - $10,000) x 10% x 20% = $1,800.
The certified mail with the return receipt will help you confirm that the IRS received the 83(b) form.